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  • ksrk
    12-10 04:36 PM
    Just EB1 through EB3 adds to 149579.
    Wonder how this tallies with numbers discussed especially during Aug and Sept. 2008...




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  • desidas
    01-22 10:55 AM
    <bump>




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  • cox
    November 24th, 2005, 08:46 PM
    I took two very similar shots of the same flower. This is an Alyssum. The whole cluster is about the size of my index finger! Which treatment do you prefer, the light or dark version?

    Light (1DsII, ISO 400, 25mm extension tube, EF 100 Macro, f/9.0, 1/13s)
    http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0371.jpg

    Dark (1DsII, ISO 100, 25mm extension tube, EF 100 Macro, f/2.8, 1/160s)
    http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0331.jpg

    Any comments are appreciated :)




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  • Ramba
    08-04 03:03 PM
    Awaiting for the response from experts, kindly help.

    Appears like more complications. I think you should consult a lawyer. As per last action rule, you might have violated the H1 status, by continuly working with L1, after CIS approved the COS application. Perhps, the violation might have been reset by your fresh entry with L1. As your family is not with you, better consult an qualified attorney.



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  • sinhakavinash
    08-13 05:42 PM
    Texas Service Center :rolleyes:




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  • meridiani.planum
    04-21 05:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
    If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.

    advantages of H1
    - can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
    - can change employers in the US.

    advantages of L1
    - if your spouse is on L2, he/she can get an EAD and work.

    so main issues with your current status of L1:
    - If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
    - if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
    - there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.

    So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)



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  • redgreen
    10-08 06:26 PM
    Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.




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  • Templarian
    12-08 03:24 PM
    Congratulations guys. :tini:


    congratulation to all winner... especially to winner who use the "stargate"[...]Thank You :fab:



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  • gccovet
    05-08 02:31 PM
    :confused:
    I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.

    Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?

    Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?

    Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)

    Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?

    Hi, I am not an expert, quoting from things I have read in the past.

    Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.

    Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.

    Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.

    Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.


    Again, I don't consider myself an expert. so take this with a pinch of salt.
    Good luck.
    GCCovet




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  • tinamatthew
    07-22 11:03 PM
    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days. He stated "Applied for i140 premium processing on June 22nd, 2007" From what I understand, this new i-140 application was PPS and not an upgrade. The receipt date is the date USCIS date stamps the application. I think he will get his money returned as they have passed the 14 day deadline.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant

    Thanks



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  • dollar500
    08-09 09:13 PM
    This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.




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  • uslegals
    09-17 01:51 PM
    Spoly - Stop crying like a baby & show up for rally and then see how ur life changes..! If u think IV does not care about immigration reform - you got another comin'..!! Wake up & smell the coffee pal.! We all are IV..!! So who is the YOU that u are referring to in ur post.!



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  • ash27
    04-01 06:08 PM
    At the time of adjudiciation, can we show permanent offer letter from any employer? For e.g. If 1 filed GC through Employer A. After receiving EAD, 1 switched to employer B. At the time of adjudiciation, can we use permanent offer letter from Employer C for Green Card.

    Any information will be highly appreciated.

    Thanks,
    Ashish




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  • minimalist
    10-13 02:48 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!
    They may not care even if you go in casuals but may not be a good idea to push it that far.



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  • anandrajesh
    05-04 01:56 PM
    wellwishergc..

    looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??

    That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??

    thx

    Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.




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  • nlssubbu
    08-01 12:55 AM
    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.

    How come mearly applying for 485 made his wife's H4 status become illegal? She can apply for AP whenever she want to and can apply for EAD as well. Only use of EAD will made her H1/H4 status invalidated.

    Thanks



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  • radhagd
    03-26 11:18 AM
    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.

    You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140




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  • talash
    04-25 03:15 PM
    I 140 denaie d.please help to start new thread




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  • NyteStarNyne
    11-23 12:41 AM
    Woo hoo!

    Some really great entries here. Good luck everyone :D




    avi101
    04-12 04:41 PM
    I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.

    An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.

    Source:
    http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm

    From above Source:
    ---------------------
    DATES: Interested persons are invited to submit written comments on the
    proposed rule on or before April 14, 2006.

    ADDRESSES: You may submit comments, identified by Regulatory
    Information Number (RIN) 1205-AB42, by any of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov.

    Follow the Web site instructions for submitting comments.
    E-mail: Comments may be submitted by e-mail to
    fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
    the message.




    milind70
    07-07 02:13 PM
    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
    There is no definate answer,but in general lawyers ask for last three W2 with last three paystubs plus last three years returns filing copy.



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